MPRDA Amendment Bill: DA to object to suspension of parliamentary rules
Today, the DA will oppose the motion to suspend Rule 253 of Parliament as proposed by Zuma's ANC in order to pass the Mineral and Petroleum Resources Development Act (MPRDA) Amendment Bill.
I will also be writing to the Speaker of the National Assembly, Max Sisulu MP, regarding the refusal of the ANC to include the DA's objections in the Portfolio Committee's final report on the Bill.
The ANC is brazenly attempting to bulldoze the MPRDA Amendment Bill before the rising of Parliament in a bid to shore up populist votes in the upcoming elections.
This is regardless of the disastrous economic damage that will be incurred by the mineral resources and energy sectors.
Rule 253 requires that members of Parliament be given a minimum of three working days to review legislation that is to be debated as part of its second reading in Parliament.
Rule 253 reads:
(1) (a) If a bill has been referred to an Assembly or joint committee, the debate on the Second Reading of the bill may or not commence before at least three working days have lapsed -
i. Since the committee's report was tabled; or
ii. If a committee member has addressed the Assembly in terms of Rule 252, since address was delivered.
(b) If a bill has not been referred to a committee, the debate on the Second Reading of the bill may not commence before at least three Assembly working days have elapsed since the bill was introduced.
Given the importance of Parliament's legislative and oversight function, the rule should be sacrosanct.
Members must be given a reasonable opportunity to study legislation before it is debated in Parliament and potentially passed into law.
This is especially important given the problems relating to this particular Bill.
The Bill proposes to entitle the state to potentially take over new oil and gas ventures in their entirety.
The proposed amendments will give the government a 20% free stake in all new energy projects and permit the state to effectively expropriate an additional unspecified amount at a so called "agreed price."
This replaces the 30% ceiling on an additional share acquisition and "fair market value" clauses that were subsequently removed.
Recent and far reaching changes to the Bill were instituted with no opportunity given to industry stakeholders to make representations on the proposed changes.
The Bill also proposes increasing the discretionary influence of the Minister of Mineral Resources, Susan Shabangu, thus increasing the risks of cronyism and creating great uncertainty within the sector.
The initial incarnation of the Bill was subject to heavy criticism.
The proposed changes will frighten off future investment in the industry, slowing down growth and removing any prospects of job creation within the sector.
Attempts to side-step crucial parliamentary procedure and the rushing of this Bill are more indications that Zuma's ANC has little interest in ensuring growth in the mineral resources and energy sector and creating desperately needed jobs for South Africa's poor.
Statement issued by James Lorimer MP, DA Shadow Minister of Mineral Resources, March 12 2014
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